Ad Majorem Dei Gloriam

Christian Andrew Labitoria Gallardo

Philippine Constitution

PREAMBLE
We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just
and humane society, and establish a Government that shall embody our ideals and aspirations,
promote the common good, conserve and develop our patrimony, and secure to ourselves and our
posterity, the blessings of independence and democracy under the rule of law and a regime of
truth, justice, freedom, love, equality, and peace, do ordain and promulgate this Constitution.

ARTICLE I
NATIONAL TERRITORY
The national territory comprises the Philippine archipelago, with all the islands and waters
embraced therein, and all other territories over which the Philippines has sovereignty or
jurisdiction, consisting of its terrestrial, fluvial and aerial domains, including its
territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas. The
waters around, between, and connecting the islands of the archipelago, regardless of their
breadth and dimensions, form part of the internal waters of the Philippines.

Magallona vs Ermita- RA9522 which aims to align Philippine area to UNCLOS III is
constitutional as such merely demarcates the maritime zone and continental shelf of PH without
delineating the territory. Hence, PH retains claims over islands outside the maritime zone
Based on United Nation Convention on the Law of the Sea:
Territorial Sea, as distinct from inland and internal waters, consists of marginal belt
of maritime water adjacent to base line extending 12 nautical miles outward. Outside of it are
high seas
Baseline- low water line along the coast marked on charts officially recognized by the
State. For archipelagic States, one measures it in a “straight baseline” method where one draws
straight lines connecting points on coast without significant departure from the shape of the
coast.
Territorial Sea subjected to Right of Innocent Passage
Internal Waters- Around, between and connecting the islands of the archipelago. Not
subject to right of innocent passage. (fluvial domain)
Insular Shelf- Seabed and subsoil adjacent to islands (II) Seabed and subsoil outside
territorial sea to a depth of 200 meters
1987 Constitution prescinds from claiming territories based on “historic right or legal
title”. It instead focuses on generally accepted principle of international law which recognizes
legal modes of claiming islands
Tondo Medical vs CA- As a general rule, provisions of the Constitution are self-executing
and do not need future legislations. However, some are non self executing.
ARTICLE II
DECLARATION OF PRINCIPLES AND STATE POLICIES
PRINCIPLES
Tanada vs Angara- These principles are not intended to be self-executing. They are used
by judiciary as aids in the exercise of judicial review and legislature in the enactment of laws.

Section 1. The Philippines is a democratic and republican State. Sovereignty resides in the
people and all government authority emanates from them.
Reagan vs Commissioner of Internal Revenue- Petitioner refuses to pay income tax due to
the sale of an automobile in the Clark Field Air Base. It was held that the Philippines, being
independent and sovereign, may exercise authority over its entire domain. The extent of its
jurisdiction is both territorial and personal. Yet, state may, by its consent, submit to a
restriction of its sovereign rights. This is the concept of sovereign as auto-limitation. It is
the “property of a state-force” due to which it has the exclusive capacity of self-determination
and self-restriction. Hence, it may allow another power to exercise jurisdictional rights over a
specific territory, but such territory remains to be a native soil. Its jurisdiction over such
may be diminished, but it cannot disappear.
Bacani vs NACOCO- Function of a government may be classified as Contituent or Ministrant.
The former are compulsory functions which constitute the very bonds of the society. It
includes:(orpccjpf) (I)keeping of order and protection, (II) fixing legal relations (III)
regulation of property (IV) determination of contract rights (V) Definition and punishment of
crimes (VI) Administration of justice (VII) Determination of political duties and (VIII) Dealings
with foreign powers. Ministrant functions of the government are those optional powers which are
intended to achieve better life of community. Government shall exercise such if (I) private
capital would not do so or (II) it is better equipped to do so for public welfare.
ACCFA vs Cugco- The traditional function of government is unrealistic, if not obsolete.
Government must undertake certain functions if it is intended to meet the increasing social
challenges of times.
 Co Kim Chan vs Valdez Teh Kim- There are several kinds of de facto government: (I)
Government takes possession of power by force or majority (II) Military force who invade and
occupy an enemy territory (III) Independent government by inhabitants who rise in insurrection
against parent state
Ceniza vs COMELEC- To prohibit voters in a city from voting for elective provincial
officials are a subversion to the principle of republicanism.
Veterans Foundation of the PH vs Reyes- The fact that no budgetary appropriations were
made to VFP does not prove that it is a private corporation
Javier vs Sandiganbayan- A public office is the right, authority or duty created by law
which, for a given period, an individual is invested with some portion of sovereign functions of
the government, to be exercised by him for the benefit of the public
Manila International Airport Authority vs CA- A GOCC must be organized as either stock or
non-stock corporation. A stock corporation is one whose capital stock is divided into shares
while a non-stock corp is one where no part of its income is distributable to its members. Those
not falling within the two may be a government instrumentality which is vested with corporate
powers to perform governmental organization. According to the 1987 Administrative Code, A
government instrumentality is an agency of the national government not integrated within the
department framework, vested with special functions or jurisdiction and enjoying operational
autonomy usually through a charter

Section 2. The Philippines renounces war as an instrument of national policy, adopts the
generally accepted principles of international law as part of the law of the land and adheres to
the policy of peace, equality, justice, freedom, cooperation, and amity with all nations.
Kuroda vs Jalandoni- Provision is not confined to rules and principles contained in
treaties to which our government is a signatory.
Tanada vs Angara- Sovereignty can be restricted by membership in a family of nations or
entering treaty stipulations
Shangrila International Management Ltd vs Developer Group of Companies- Treaties cannot
be given retroactive effect in the absence of a retroactive clause
Pharmaceutical and Health Care Association vs DOH- International laws can form part of
the law of the land through (I) transformation (II)incorporation. However, soft laws are non-
binding norms that influence state behaviour
Vinuya vs Romulo- The question of whether the government should espouse claims of its
citizens against a foreign government is a foreign relation matters. It is more of a political
question that only the executive can answer
Arigo vs Swift- Issuance of Writ of Kalikasan when one harms the nature is a special
civil action which may be directed against anyone and one cannot claim State immunity as such
applies only in criminal action

Section 3. Civilian authority is, at all times, supreme over the military. The Armed Forces of
the Philippines is the protector of the people and the State. Its goal is to secure the
sovereignty of the State and the integrity of the national territory.
IBP vs Zamora- Military force can be used to enforce civilian laws if commanded by a
President who is the Commander in Chief

Section 4. The prime duty of the Government is to serve and protect the people. The Government
may call upon the people to defend the State and, in the fulfillment thereof, all citizens may be
required, under conditions provided by law, to render personal, military or civil service.
People vs Lagman- Accused did not register for military service. Such compulsory military
service is constitutional as the duty of the government to protect the state cannot be done
without the military
People vs Manayao- During times of war, a citizen cannot simply cast off his loyalty and
obligation to Fatherland.

Section 5. The maintenance of peace and order, the protection of life, liberty, and property, and
promotion of the general welfare are essential for the enjoyment by all the people of the
blessings of democracy.
Section 6. The separation of Church and State shall be inviolable.

STATE POLICIES
Section 7. (siid) The State shall pursue an independent foreign policy. In its relations with
other states, the paramount consideration shall be national sovereignty, territorial integrity,
national interest, and the right to self-determination.

Section 8. The Philippines, consistent with the national interest, adopts and pursues a policy of
freedom from nuclear weapons in its territory.

Section 9. (sflq) The State shall promote a just and dynamic social order that will ensure the
prosperity and independence of the nation and free the people from poverty through policies that
provide adequate social services, promote full employment, a rising standard of living, and an
improved quality of life for all.
Section 10. The State shall promote social justice in all phases of national development.
People vs Pomar (pre-1935)- The contracting parties may establish any agreement, terms
and conditions they may deem advisable, provided that they are not contrary to law, morals or
public policy. The government cannot interfere in the freedom of contract.
National Federation of Sugar Workers vs Ovejera (post 1973 Consti but before 1987)-
Social justice provision does not legalize usurpation of property or otherwise, to trample on the
rights of property owners who under our Constitution and laws are entitled to protection

Section 11. The State values the dignity of every human person and guarantees full respect for
human rights.

Section 12. The State recognizes the sanctity of family life and shall protect and strengthen the
family as a basic autonomous social institution. It shall equally protect the life of the mother
and the life of the unborn from conception. The natural and primary right and duty of parents in
the rearing of the youth for civic efficiency and the development of moral c haracter shall
receive the support of the Government.
Wisconsin vs Yoder- Only those interests of the highest order and those not otherwise
served can over-balance the primary interest of the parents in the religious upbringing of their
children. A child cannot be compelled to go to school if the parents do not allow so for a valid
cause.
Roe vs Wade- A US case legalizing abortion up to the 2nd Trimester of the woman’s pregnancy
Meyer vs Nebraska- An unnecessary withdrawal of knowledge, such as a restriction in
teaching a specific language, is unconstitutional
Imbong vs Ochoa- Life begins at fertilization, not penetration. The law is against
abortifacients but not contraceptives. The consent of the spouse must be given though in cases
regarding operations in order to prevent children

Section 13. The State recognizes the vital role of the youth in nation-building and shall promote
and protect their physical, moral, spiritual, intellectual, and social well-being. It shall
inculcate in the youth patriotism and nationalism, and encourage their involvement in public and
civic affairs.
Angeles vs Judge Sison- The state has a duty to aid schools in the development of moral
character of its students. Although the authority of schools is within the campus only, schools
may take disciplinary actions (I) violation of school policies on school activities and (II)
where misconduct affects the status of the child or the name of the school.

Section 14. The State recognizes the role of women in nation-building, and shall ensure the
fundamental equality before the law of women and men.
Garcia vs Drilon- RA9262 or An Act Defining Violence against Women and Their Children do
not violate the equal protection clause as women are shown to be prone to abuse statistically.
Moreover, taking into consideration biological, cultural and social aspects, women are
substantially different from men, hence, the law may distinguish

Section 15. The State shall protect and promote the right to health of the people and instill
health consciousness among them.

Section 16. The State shall protect and advance the right of the people to a balanced and
healthful ecology in accord with the rhythm and harmony of nature.
Oposa vs Factoran- Children, on the basis of inter-generational responsibility, filed a
case to cancel timber licensing agreements on behalf of their generation and generations to come.
The Court affirmed the justiciability of the issue. It was also held that Section 16 is a self-
executing provision
Resident Marine Mammals vs Secretary Reyes- Animals may be given legal standing if
represented by stewards as it is the right and duty of everyone to be a steward and advocate of
the plight of nature.

Section 17. The State shall give priority to education, science and technology, arts, culture,
and sports to foster patriotism and nationalism, accelerate social progress, and promote total
human liberation and development.

Section 18. The State affirms labor as a primary social economic force. It shall protect the
rights of workers and promote their welfare.

Section 19. The State shall develop a self-reliant and independent national economy effectively
controlled by Filipinos.
Garcia vs BOI- The establishment of foreign companies in the PH, as well as all their
actions, must be shown as to advocate the national interest of the PH
Gamboa vs Teves- The Art 11 Sec 12 of the constitution requires that at least 60% of the
capital of a public utility must be owned by Filipinos
Section 20. The State recognizes the indispensable role of the private sector, encourages private
enterprise, and provides incentives to needed investments.

Section 21. The State shall promote comprehensive rural development and agrarian reform.

Section 22. The State recognizes and promotes the rights of indigenous cultural communities
within the framework of national unity and development.

Section 23. The State shall encourage non-governmental, community-based, or sectoral

organizations that promote the welfare of the nation.

Section 24. The State recognizes the vital role of communication and information in nation-
building.
Neri vs Senate- Right to information does not include “privileged communication”
Pollo vs Constantino-David- A public employee cannot demand right of privacy over
computer files if the search is of due cause and for a work-related reason.

Section 25. The State shall ensure the autonomy of local governments.
Navarro vs Ermita- The true legislative intent of the Congress can be found in the
principle of local autonomy. Hence, when there is doubt as to whether a local government is
granted such power, it must be construed in favour of its local autonomy

Section 26. The State shall guarantee equal access to opportunities for public service, and
prohibit political dynasties as may be defined by law.
Pamatong vs COMELEC- COMELEC may exclude nuisance candidate as this Section is not self
executing and nuisance candidates merely cause confusion and additional cost
Diocese of Bacolod vs COMELEC- The role of COMELEC is to ensure equal opportunities of
the candidates but it does not have the power to limit the speech of those participating in the
electoral exercise. Such is a protected speech.

Section 27. The State shall maintain honesty and integrity in the public service and take
positive and effective measures against graft and corruption.
Belgica vs Ochoa- The case of PDAF violates the principles of (I)separation of powers as
the legislators participated in the execution of the law through picking the projects (II) non
delegability of legislative power as individual legislators can somehow “appropriate”
individually (III) check and balance since the veto power of the President was limited (IV) local
autonomy

Section 28. Subject to reasonable conditions prescribed by law, the State adopts and implements a
policy of full public disclosure of all its transactions involving public interest.
Philippine Savings Bank vs Senate Impeachment Court- This section does not cover bank
laws. Thus, foreign currency deposits remain to be confidential
In Re: Production of Court Records and Documents- Court records and rollos of
deliberations which are pre decisional are privileged communication which cannot be disclosed as
disclosure of such would restrict the freedom of justice to discuss among themselves the merits
of the case

ARTICLE VI
THE LEGISLATIVE DEPARTMENT
Section 1. The legislative power shall be vested in the Congress of the Philippines which shall
consist of a Senate and a House of Representatives, except to the extent reserved to the people
by the provision on initiative and referendum.
Philippine International Trading Corp vs Angeles- As a result of the growing complexity
of the modern society, it has become necessary to create more administrative bodies to help in
the regulation of activities. Grant of quasi-legislative power to administrative bodies, such as
the issuance of procedures that an exporting company should comply with, is valid.
Atitiw vs Zamora- There is no such thing such as an irrepealable law.
SEC vs Interport Resources Corporation- Mere absence of implementing rules cannot
invalidate the law if a reasonable construction which supports the law may be given.
Edu vs Ericta- What cannot be delegated is the authority under Constitution to make laws
and alter or repeal them. The test is the completeness of the statute. Furthermore, there must be
a standard which implies at the very least that legislature determines matter of principles and
lays down a fundamental policy. The standard may be express or implied from the policy and
purpose of the act considered as a whole.
Pelaez vs Auditor General- The delegating law must be (I) complete in itself, meaning, it
shall set forth a policy for implementation and (II) fix a standard, meaning, limits of which is
sufficiently determined
Osmena vs Orbos- Standard need not be formulated in precise language. It can be drawn
from the policy of the law and totality of the statute.
Chiongbian vs Orbos- More liberally, the standard may be embodied in statute of similar
subject as that of the challenged law
 Tatad vs Secretary of the Department of Energy- An Executive Order was invalidated since
the President added a standard from the Republic Act of which it is based.
Abakada Guru Party list Officers vs Executive Secretary- A law where the effectivity is
made to depend on verification by the executive of the existence of certain conditions, known as
contingent legislation, is valid
Abakada Guru vs Purisima- Any post-enactment congressional measure should be limited to
scrutiny and investigation. Hence, legislative veto after passing the power to executive
department is unconstitutional.
Gerochi vs DENR- Power of tax for revenue generation is different from power of imposing
fee for regulation that may be exercised by the executive. Moreover, the powe r to tax can be used
for regulation. Hence, as long as it is complete and a sufficient standard is provided, the power
of tax for regulation can be delegated.
Rubi vs DENR- As “sanctioned by immemorial practice”, one exception to the rule on non-
delegability of legislative power is the giving of such power to local governments on purely
local matters
Araneta vs Gatmaitan- Where the executive merely supplies the details for implementing
the law, such as prohibiting trawls when the law restricts the use of fishing device to protect
fish eggs, it is valid.
People vs Maceren- When, on the other hand, the executive added a regulation that is not
totally stated in the delegating law, and another law was passed regarding such thereby affirming
that such regulation is not reflected in the delegating law, there is an undue delegation of
power.
Employers Confederation vs National Wages and Productivity Commission- Power to fix wages
may be delegated to an executive body as long as there are adequate standards for such.
People vs Dacuycuy- A law which prescribes a penalty of imprisonment with a term left to
the discretion of the court is invalid as the legislature must fix a specific or designated
limit.
Anak Mindanao Partylist Group- The President may validly reorganize departments of
executive function
Dagan vs Philippine Racing Commission- There is no delegation if the directive is merely
instructive

Section 2. The Senate shall be composed of twenty-four Senators who shall be elected at large by
the qualified voters of the Philippines, as may be provided by law.

Section 3. (narvr) No person shall be a Senator unless he is a natural-born citizen of the

Philippines and, on the day of the election, is at least thirty-five years of age, able to read
and write, a registered voter, and a resident of the Philippines for not less than two years
immediately preceding the day of the election.

Section 4. The term of office of the Senators shall be six years and shall commence, unless
otherwise provided by law, at noon on the thirtieth day of June next following their election. No
Senator shall serve for more than two consecutive terms. Voluntary renunciation of the office for
any length of time shall not be considered as an interruption in the continuity of his service
for the full term of which he was elected.

Section 5. (1) The House of Representatives shall be composed of not more than two hundred and
fifty members, unless otherwise fixed by law, who shall be elected from legislative districts
apportioned among the provinces, cities, and the Metropolitan Manila area in accordance with the
number of their respective inhabitants, and on the basis of a uniform and progressive ratio, and
those who, as provided by law, shall be elected through a party-list system of registered
national, regional, and sectoral parties or organizations.
(2) The party-list representatives shall constitute twenty per centum of the total number of
representatives including those under the party list. For three consecutive terms after the
ratification of this Constitution, one-half of the seats allocated to party-list representatives
shall be filled, as provided by law, by selection or election from the labor, peasant, urban
poor, indigenous cultural communities, women, youth, and such other sector s as may be provided by
law, except the religious sector.
(3) Each legislative district shall comprise, as far as practicable, contiguous, compact, and
adjacent territory. Each city with a population of at least two hundred fifty thousand, or each
province, shall have at least one representative.
(4) Within three years following the return of every census, the Congress shall make a
reapportionment of legislative districts based on the standards provided in this section.
Sema vs Comelec- The ARMM Regional Assembly cannot create a province since such would be
entitled for a representative district, which creation can only be done by law.
Bagabuyo vs COMELEC- The creation of a legislative district does not need confirmation of
the plebiscite if it would not involve the creation of a local government unit.
Ang Bagong Bayani vs COMELEC- Political parties on the other hand can participate in the
party list elections. Those that may participate includes (I) marginalized and underrepresented
(II) those who lack well defined political constituencies and (III) Who could contribute in the
enactment of legislation. Religious sector may not be represented as well as those who are
disqualified under Section 6 of RA7941 (ceased to exist for at least one year/fails to
participate in 2 preceding elections/fails to obtain at least 2% for the last 2 elections).
VC Cadangen vs COMELEC- The Comelec shall determine the qualification of partylists to
participate in the elections
Veterans Federation Party vs COMELEC (2000)- Filling of the 20% of the partylist in House
of Representatives is not required but the 2% requirement of votes for partylist representative
is.
Banat vs COMELEC (2009)- Since the 2% requirement of vote is a hindrance to meeting the
20% requirement of party list in House of Representatives, the former, as prescribed by RA7941,
is unconstitutional while the latter holds.
Veterans Federation Party vs COMELEC- Formula for computation of additional seats for
party-list winners: (I) 20% allocation Rule where partylist should not exceed 20% of the HoR
(II)2% threshold where only those garnering 2% votes shall be “qualified” to have a seat in HoR
(III) Three-seat limit where each qualified cannot have more than 2 additional seats
(IV)proportional representation where the additional seat shall be in proportion to their number
of votes. However, in BANAT vs COMELEC, it was ruled that 2% rule is unconstitutional.
Atong Paglaum vs COMELEC- Nominees of sectoral parties may include people who have a good
track record in advocating the cause of the party
Citizens vs COMELEC- Formula for ascertaining the number of representatives of a party
list: Number of votes of first party/Total Votes for party list system= Proportion of votes of
first party relative to total votes in party list. If such proportion is greater than or equal to
6, first party gets 2 additional seat. If 2-4, 1 additional seat. Less than 2, no additional
Seat. Additional Seats of other parties= (No. of votes for concerned parties/ No. of votes of
first party)* No. of additional seats allocated to the first party. One must obtain a whole
number to get additional seat. Once cannot round up.
Tobias vs Abalos- If one of the parties become large enough to merit one’s own
representative, it can do so without census or even if the title does not express such.
Montejo v COMELEC- If due to separation of legislative district an imbalance occurs, the
COMELEC has no authority to correct the imbalance. Only a reapportionment law shall cure such.
Ocampo vs HRET- If the candidate who garnered the highest number of votes becomes
disqualified, the candidate who got the 2nd highest number of votes cannot assume office as it is
clear that he is not the mandate of majority
Tobias vs Abalos- The HoR may have more than 250 members “unless provided by law”. Hence,
one may continually make legislative districts
Herrera vs COMELEC- Basis for division of districts is the number of registered voters
and not the number of inhabitants
Aldaba vs COMELEC- Only certifications made my NSO Administrator is valid. Also,
demographic projections is frowned upon as basis of creation of legislative district.
Aquino vs COMELEC- Additional Requirements for province to have legislative district:
Annual income of at least 20 M and either (I)land mass of at least 2K Kilometres or (II) at least
250,000 inhabitants

Section 6. (narvr) No person shall be a Member of the House of Representatives unless he is a

natural-born citizen of the Philippines and, on the day of the election, is at least twenty -five
years of age, able to read and write, and, except the party-list representatives, a registered
voter in the district in which he shall be elected, and a resident thereof for a period of not
less than one year immediately preceding the day of the election.
Romualdez-Marcos vs COMELEC- The meaning of residence in the above provision is
“domicile” which is where one intends to return. There is only one domicile while the residences
may be many. A person’s domicile is usually his domicile of origin and will be presumed to
continue unless one abandons it for another. In order to effect such change, one must show that
there is a bona fide intention of leaving the old domicile and establishing a new one.
Abayon vs HRET- The qualifications of those representatives elected by their party list
is under the juridction of HRET
Layug vs COMELEC- COMELEC has jurisdiction over the ascertainment of the qualification of
party lists, not HRET
Aquino vs COMELEC- Mere rental of a condominium unit instead of buying one when he is a
resident of another place for a long time gives a presumption that one does not intend to live in
a new place
Domino vs COMELEC- Where one registered as a voter gives a strong presumption that one
established his domicile in such place.
Maquera vs Bora- Legislature may not add qualifications aside from the one stated in the
Constitution
Dayao vs COMELEC- Enumerations in Section 6 of RA 7941 is exclusive. Hence, even if
members of a party has substantial control over the market, it cannot be a ground to cancel
certification
Bengson III vs HRET- Those who lost their PH citizenship may reacquire such through
Commonwealth Act 63: (I)naturalization (II) repatriation or (III) legislative enactments
Tagolino vs HRET- A valid substitution of a person of a same party list may be made but
in a case where the one who substituted has a CoC that was declared void ab initio, such cannot
be done
 Reyes vs COMELEC- Three necessities to become an official member of HoR: (I) proclamation
(II) proper oath and (III) assumption of office

Section 7. The Members of the House of Representatives shall be elected for a term of three years
which shall begin, unless otherwise provided by law, at noon on the thirtieth day of June next
following their election. No Member of the House of Representatives shall serve for more than
three consecutive terms. Voluntary renunciation of the office for any length of time shall not be
considered as an interruption in the continuity of his service for the full term for which he was
elected.

Section 8. Unless otherwise provided by law, the regular election of the Senators and the Members
of the House of Representatives shall be held on the second Monday of May.
Ocampo vs HRET- Subsequent disqualification of candidate garnering highest number of
votes does not qualify the candidate garnering the second highest number of votes

Section 9. In case of vacancy in the Senate or in the House of Representatives, a special

election may be called to fill such vacancy in the manner prescribed by law, but the Senator or
Member of the House of Representatives thus elected shall serve only for the unexpired term.
Tolentino vs COMELEC- The right and duty to hold election emanates from the statute and
not from any call for the election by any authority. The law presumes the knowledge of the voter
of the time and place of the election.

Section 10. The salaries of Senators and Members of the House of Representatives shall be
determined by law. No increase in said compensation shall take effect until after the expiration
of the full term of all the Members of the Senate and the House of Representatives approving such
increase.

Section 11. A Senator or Member of the House of Representatives shall, in all offenses punishable
by not more than six years imprisonment, be privileged from arrest while the Congress is in
session. No Member shall be questioned nor be held liable in any other place for any speech or
debate in the Congress or in any committee thereof.
People vs Jalosjos The argument of popular sovereignty and need of constituents for
representation is not valid if the crime committed is punishable by more than 6 years of
imprisonment. To enable him to attend sessions would thus make him a “free man” that different
from all the other convicts.
Osmena vs Pendatun- The parliamentary privilege of speech offers absolute protection
against liable. It does not give protection though from the disciplinary authority of the
Congress.
Gravel vs US- It is not essential that the Congress is in session when the utterance is
made as long as it is part of the deliberative and communicative process in consideration of a
proposed legislation
Jimenez vs Carandang- Only those utterances in Congress are protected and it does not
include open letters not related to any laws

Section 12. All Members of the Senate and the House of Representatives shall, upon assumption of
office, make a full disclosure of their financial and business interests. They shall notify the
House concerned of a potential conflict of interest that may arise from the filing of a proposed
legislation of which they are authors.

Section 13. No Senator or Member of the House of Representatives may hold any other office or
employment in the Government, or any subdivision, agency, or instrumentality thereof, including
government-owned or controlled corporations or their subsidiaries, during his term without
forfeiting his seat. Neither shall he be appointed to any office which may have been created or
the emoluments thereof increased during the term for which he was elected.

Section 14. No Senator or Member of the House of Representatives may personally appear as counsel
before any court of justice or before the Electoral Tribunals, or quasi-judicial and other
administrative bodies. Neither shall he, directly or indirectly, be interested financially in any
contract with, or in any franchise or special privilege granted by the Government, or any
subdivision, agency, or instrumentality thereof, including any government-owned or controlled
corporation, or its subsidiary, during his term of office. He shall not intervene in any matter
before any office of the Government for his pecuniary benefit or where he may be called upon to
act on account of his office.
Puyat vs De Guzman- Buying of any stocks in order to make it appear as if the legislator
is merely appearing in “intervention” is prohibited as it is a form of a circumvention from the
intent of the law. What the Constitution prohibited cannot be done by indirect acts.

Section 15. The Congress shall convene once every year on the fourth Monday of July for its
regular session, unless a different date is fixed by law, and shall continue to be in session for
such number of days as it may determine until thirty days before the opening of its next regular
session, exclusive of Saturdays, Sundays, and legal holidays. The President may call a special
session at any time.

SECTION 16. (1) The Senate shall elect its President and the House of Representatives its
Speaker, by a majority vote of all its respective Members.
Each House shall choose such other officers as it may deem necessary.
(2) A majority of each House shall constitute a quorum to do business, but a smaller number may
adjourn from day to day and may compel the attendance of absent Members in such manner, and under
such penalties, as such House may provide.
(3) Each House may determine the rules of its proceedings, punish its Members for disorderly
behavior, and, with the concurrence of two-thirds of all its Members, suspend or expel a Member.
A penalty of suspension, when imposed, shall not exceed sixty days.
(4) Each House shall keep a Journal of its proceedings, and from time to time publish the same,
excepting such parts as may, in its judgment, affect national security; and the yeas and nays on
any question shall, at the request of one-fifth of the Members present, be entered in the
Journal.
Each House shall also keep a Record of its proceedings.
(5) Neither House during the sessions of the Congress shall, without the consent of the other,
adjourn for more than three days, nor to any other place than that in which the two Houses shall
be sitting.
Santiago vs Guingona- On the election for Senate Presidency, a member only had 2 votes
while his opponent got 20. He then assumed that he is a minority and seeks to be the minority
leader. However, the court held that the Rules of Senate does not provide for such position which
exists by tradition and long practice. Hence, due to the separation of power, the Court refuses
to direct Congress to do their work.
Osmena vs Pendatun- Each house is the sole judge of what disorderly behaviour is.
US vs Pons- Journal is conclusive upon courts even if extraneous evidence such as
testimony of witness or newspaper reports hold the contrary Arroyo vs De Venecia- The signing of
the Bill of the Senate President and Speaker as well as the certification of the secretaries that
such bill was passed are conclusive of its enactment
Casco Philippine Chemical Co vs Gimenez- When the journal conflicts with the enrolled
bill, the latter shall prevail as the certification of the presiding officer as to its
authenticity compels the court to believe it as such due to respect of the coequal department
Astorga vs Villegas- However, if the signatures of Senate President and/or Speaker were
withdrawn as they discovered that the passed bill did not include substantial parts as agreed
upon in deliberations, the journal shall prevail.
Avelino vs Cuenco- The basis of the “majority” for quorum may not necessarily be 24. It
is only up to those that can physically attend the hearing.
Kida vs Senate- In order to synchronize the date of election, power of the President to
appoint OIC is constitutional as the other options are not. The holdover option will make the
officials go beyond the three year term. The special election is against the will of the
legislature since they are actually preventing such in synchronization.

SECTION 17. The Senate and the House of Representatives shall each have an Electoral Tribunal,
which shall be the sole judge of all contests relating to the election, returns, and
qualifications of their respective Members. Each Electoral Tribunal shall be composed of nine
Members, three of whom shall be Justices of the Supreme Court to be designated by the Chief
Justice, and the remaining six shall be Members of the Senate or the House of Representatives, as
the case may be, who shall be chosen on the basis of proportional representation from the
political parties and the parties or organizations registered under the party-list system
represented therein. The senior Justice in the Electoral Tribunal shall be its Chairman.
Angara vs Electora Commission- The jurisdiction of the electoral tribunal only
pertains to electoral contest. Hence, when members have been deferred of their oath-taking, the
Electoral Commission has no jurisdiction as no electoral contest is being referred to.
Aggabao vs COMELEC- Once the winning candidate has been proclaimed, taken oath and
assumed office, the jurisdiction of COMELEC ends and the jurisdiction of HRET starts
Abayon vs COMELEC- COMELEC has the jurisdiction to decide whether a party list
organization is qualified to join the party list system but the HRET shall decide whether the
party list representative is qualified
Bondoc vs Pineda- The court can intervene when there is a blatant attempt by a
political party to manipulate the decision of its HRET through expelling its members who does not
vote in its favour
Lerias vs House Electoral Tribunal- SC can invalidate a vote made by Electoral
Tribunal if it is not supported by evidence since it amounts to grave abuse of discretion
Garcia vs HRET- Te decision of HRET to dismiss the case when petitioners did not
strictly conform to the procedure of depositing cash is valid since there is a serious charge in
this case and the speedy and orderly determination is sought for
Abbas vs SET- A petition that the members of SET, being Senators, are interested
parties and thus must be disqualified, thereby leaving only the 3 judges to decide is
unreasonable as the Constitution delegated the duty to the 9 members who is supposed to be
impartial on their decisions.
 Lazatin vs HRET- Congress may not prescribe for the Electoral Tribunal a period for
filing cases before it
Angara vs Electoral Commission- SC has jurisdiction over cases which involves
conflict of constitutional powers where constitutional boundaries need to be set
Arroyo vs HRET- For annulment of elections based on fraud: (I) 50% of total number of
votes in precinct must be involved and (II) Votes must have been shown to be stained by
irregularities
Lerias vs HRET- The best and most conclusive evidence are the ballots. If it cannot
be reproduced, the election returns

SECTION 18. There shall be a Commission on Appointments consisting of the President of the
Senate, as ex officio Chairman, twelve Senators and twelve Members of the House of
Representatives, elected by each House on the basis of proportional representation from the
political parties and parties or organizations registered under the party-list system represented
therein. The Chairman of the Commission shall not vote, except in case of a tie. The Commission
shall act on all appointments submitted to it within thirty session days of the Congress from
their submission. The Commission shall rule by a majority vote of all the Members.
Daza vs Singson- Political realignments, even if done to an unregistered party, may
result in realignment of members in Commission on Appointments since such Commission must always
reflect the political make-up of the Senate and the House of Representatives
Coseteng vs Mitra- Even if a person is the only member of a party in the Senate or HoR,
he cannot be a member of CoA as he represents only 0,4%, while the requirement is that the party
shall consist of 8.4% to be entitled of at least 1 member.
Guingona Jr vs Gonzales- The rounding up of the percentage in order to entitle one of one
more member while rounding down the others is unlawful as it denies the latter of proportional
representation. Hence, not all 12 was met and the court held that such number is not mandatory.

SECTION 19. The Electoral Tribunals and the Commission on Appointments shall be constituted
within thirty days after the Senate and the House of Representatives shall have been organized
with the election of the President and the Speaker. The Commission on Appointments shall meet
only while the Congress is in session, at the call of its Chairman or a majority of all its
Members, to discharge such powers and functions as are herein conferred upon it.

SECTION 20. The records and books of accounts of the Congress shall be preserved and be open to
the public in accordance with law, and such books shall be audited by the Commission on Audit
which shall publish annually an itemized list of amounts paid to and expenses incurred for each
Member.

SECTION 21. The Senate or the House of Representatives or any of its respective committees may
conduct inquiries in aid of legislation in accordance with its duly published rules of procedure.
The rights of persons appearing in or affected by such inquiries shall be respected.
Arnault vs Nazareno- The purpose of inquiry is to obtain information that will
effectively and wisely aid the legislation when the legislators does not have the requisite
information for such. Punishment for contempt is necessary in order to ensure reliable
information. Such punishment though may only be availed if the question that is asked pertains to
the subject in aid of legislation. The materiality of the question must be determined by its
direct relation to the subject and not specifically to the proposed bill as the legislative
action is based on the whole information on the subject to be gathered.
Senate vs Ermita- Even department heads, who are alter ego of Presidents, may be summoned
for inquiries in aid of legislation. Only the President and the Justice of SC cannot be summoned.
Garcillano vs House of Representatives- The rules and procedures for the inquiry must be
published as it is a requirement of due process. Absence of any amendments to the rules published
year ago is not an excuse.
De La Paz vs Senate- Each House shall determine its own rule of proceeding. Hence, it
grants a full discretionary authority to promulgate its own rules which is not subject to
judicial interference. Nonetheless, they are bound by the rule on quorum, voting and publication
Bengzon Jr vs Senate Blue Ribbon Committee- In order for it to be an inquiry in “aid of
legislation”, one must pertain to any bill and not just to assert that one had violated the law.
Lopez vs De los Reyes- Legislature’s power to commit witness for contempt terminates when
the legislative body ceases to exist at the final adjournment
Negros Oriental II Electric Cooperative vs Sangguniang Panglungsod- The power of contempt
is inherent only to the Congress as one of the three independent branch of the national
government and not to local legislative bodies

SECTION 22. The heads of departments may upon their own initiative, with the consent of the
President, or upon the request of either House, as the rules of each House shall provide, appear
before and be heard by such House on any matter pertaining to their departments. Written
questions shall be submitted to the President of the Senate or the Speaker of the House of
Representatives at least three days before their scheduled appearance. Interpellations shall not
be limited to written questions, but may cover matters related thereto. When the security of the
State or the public interest so requires and the President so states in wri ting, the appearance
shall be conducted in executive session.

SECTION 23. (1) The Congress, by a vote of two-thirds of both Houses in joint session assembled,
voting separately, shall have the sole power to declare the existence of a state of war.
(2) In times of war or other national emergency, the Congress may, by law, authorize the
President, for a limited period and subject to such restrictions as it may prescribe, to exercise
powers necessary and proper to carry out a declared national policy. Unless sooner withdrawn by
resolution of the Congress, such powers shall cease upon the next adjournment thereof.
Sanlakas vs Executive Secretary- President has a graduated power: (I) calling out (II)
suspension of privilege of writ of habeas corpus and (III) martial law. The last 2 needs
concurrence of Congress and actual invasion or rebellion. Declaration of State of Rebellion can
also be done by President without legislature

SECTION 24.(a,r,t,d,l,p) All appropriation, revenue or tariff bills, bills authorizing increase
of the public debt, bills of local application, and private bills shall originate exclusively in
the House of Representatives, but the Senate may propose or concur with amendments.
Tolentino vs Secretary of Finance- The exclusivity of the prerogative of the House means
simply that the House alone can initiate the passage of the bill, but once it is passed to the
Senate, the sane can make amendments by parts or amendment by complete substitution and come out
with one completely different from that passed by the House of Representatives
Guingona vs Carague- As long as the law is complete by itself and the exact amount can be
ascertained by computation based on existing records,an automatic appropriation, such as in this
case for foreign debt servicing, can be valid.

SECTION 25. (1) The Congress may not increase the appropriations recommended by the President for
the operation of the Government as specified in the budget. The form, content, and manner of
preparation of the budget shall be prescribed by law.
(2) No provision or enactment shall be embraced in the general appropriations bill unless it
relates specifically to some particular appropriation therein. Any such provision or enactment
shall be limited in its operation to the appropriation to which it relates.
(3) The procedure in approving appropriations for the Congress shall strictly follow the
procedure for approving appropriations for other departments and agencies.
(4) A special appropriations bill shall specify the purpose for which it is intended, and shall
be supported by funds actually available as certified by the National Treasurer, or to be raised
by a corresponding revenue proposed therein.
(5) No law shall be passed authorizing any transfer of appropriations; however, the Preside nt,
the President of the Senate, the Speaker of the House of Representatives, the Chief Justice of
the Supreme Court, and the heads of Constitutional Commissions may, by law, be authorized to
augment any item in the general appropriations law for their respective offices from savings in
other items of their respective appropriations.
(6) Discretionary funds appropriated for particular officials shall be disbursed only for public
purposes to be supported by appropriate vouchers and subject to such guidelines as may be
prescribed by law.
(7) If, by the end of any fiscal year, the Congress shall have failed to pass the general
appropriations bill for the ensuing fiscal year, the general appropriations law for the preceding
fiscal year shall be deemed reenacted and shall remain in force and effect until the general
appropriations bill is passed by the Congress.
Demetria vs Alba- A law allowing the President to transfer funds of departments or
bureaus to other programs as it may ascertain, is unconstitutional
Philippine Constitutional Association vs Enriquez- The list of those authorized to
transfer funds is exclusive.
Brillantes vs COMELEC- Power to augment from savings cannot be done until authorized by
law

SECTION 26. (1) Every bill passed by the Congress shall embrace only one subject which shall be
expressed in the title thereof.
(2) No bill passed by either House shall become a law unless it has passed three readings on
separate days, and printed copies thereof in its final form have been distributed to its Members
three days before its passage, except when the President certifies to the necessity of its
immediate enactment to meet a public calamity or emergency. Upon the last reading of a bill, no
amendment thereto shall be allowed, and the vote thereon shall be taken immediately thereafter,
and the yeas and nays entered in the Journal.
Sumulong vs COMELEC- The rule on “one title, one subject” must be construed literally. It
is enough that the title express the general subject and the provisions are germa ne to such
general subject
Insular Lumber Co. vs TA- An exemption to a law which seeks to increase a specific fund
is germane to the subject
Tobias vs Abalos- An Act turning a municipality into a city can cover the creation of a
legislative district as it is a natural effect of such conversion.
SECTION 27. (1) Every bill passed by the Congress shall, before it becomes a law, be presented to
the President. If he approves the same, he shall sign it; otherwise, he shall veto it and return
the same with his objections to the House where it originated, which shall enter the objections
at large in its Journal and proceed to reconsider it. If, after such reconsideration, two -thirds
of all the Members of such House shall agree to pass the bill, it shall be sent, together with
the objections, to the other House by which it shall likewise be reconsidered, and if approved by
two-thirds of all the Members of that House, it shall become a law. In all such cases, the votes
of each House shall be determined by yeas or nays, and the names of the Members voting for or
against shall be entered in its Journal. The President shall communicate his veto of any bill to
the House where it originated within thirty days after the date of receipt thereof; otherwise, it
shall become a law as if he had signed it.
(2) The President shall have the power to veto any particular item or items in an appropriation,
revenue, or tariff bill, but the veto shall not affect the item or items to which he does not
object.
Tolentino vs Secretary of Finance- Amendments introduced by the conference committee,
when the versions of Senate and HoR are conflicting, shall be valid as long as it is germane to
the purpose of the bill even if such amendments are not present in the Senate or HoR Bill.
Bolinao Electronics vs Valencia- Condition in an item may not be vetoed by the President
without vetoing the entire item to which it is attached
Gonzales vs Macaraig- A provision that is constitutionally appropriate for an
appropriation bill may be singled out for a veto even if it is not an “item”. This is the
“doctrine of inappropriate provisions”

SECTION 28. (1) The rule of taxation shall be uniform and equitable. The Congress shall evolve a
progressive system of taxation.
(2) (tqtwd) The Congress may, by law, authorize the President to fix within specified limits, and
subject to such limitations and restrictions as it may impose, tariff rates, import and export
quotas, tonnage and wharfage dues, and other duties or imposts within the framework of the
national development program of the Government.
(3) (ade-rce)Charitable institutions, churches and parsonages or convents appurtenant thereto,
mosques, non-profit cemeteries, and all lands, buildings, and improvements, actually, directly,
and exclusively used for religious, charitable, or educational purposes shall be exempt from
taxation.
(4) No law granting any tax exemption shall be passed without the concurrence of a majority of
all the Members of the Congress.
Tan vs Del Rosario- There is a uniformity of taxation if (scpc) (I) The standard used is
substantial (II) the categorization is germane to its objective (III) the law applies on all
things being equal (IV) the classification applies equally to all those belonging of same class
Commissioner of Internal Revenue vs Tan- One cannot use as a defense the fact that the
tax rate in PH is different from that of other countries
Province of Abra vs Hernando and Roman Catholic Bishop- There must be proof that the
land, buildings and improvements are actually, directly and exclusively used for religious
purpose to be exempt from tax
Lung Center vs Quezon City- To determine if an enterprise is a charitable institution,
one must (spcawsbp) (I) consider the statute creating it, (II) corporate purpose (III)
constitution and by-law (IV) methods of administration (V) nature of work performed (VI)
character of service rendered (VII) indefiniteness of beneficiaries (VIII) use of properties

SECTION 29. (1) No money shall be paid out of the Treasury except in pursuance of an
appropriation made by law.
(2) (a,p,o,l) No public money or property shall be appropriated, applied, paid, or employed,
directly or indirectly, for the use, benefit, or support of any sect, church, denomination,
sectarian institution, or system of religion, or of any priest, preacher, minister, or other
religious teacher, or dignitary as such, except when such priest, preacher, minister, or
dignitary is assigned to the armed forces, or to any penal institution, or government orphanage
or leprosarium.
(3) All money collected on any tax levied for a special purpose shall be treated as a special
fund and paid out for such purpose only. If the purpose for which a special fund was created has
been fulfilled or abandoned, the balance, if any, shall be transferred to the general funds of
the Government.
Pascual vs Secretary of Public Works- An appropriation in order to build a feeder road in
a subdivision is unlawful as it is not for a public purpose.

SECTION 30. No law shall be passed increasing the appellate jurisdiction of the Supreme Court as
provided in this Constitution without its advice and concurrence.
Fabian vs Desierto

SECTION 31. No law granting a title of royalty or nobility shall be enacted.

SECTION 32. The Congress shall, as early as possible, provide for a system of initiative and
referendum, and the exceptions therefrom, whereby the people can directly propose and enact laws
or approve or reject any act or law or part thereof passed by the Congress or local legislative
body after the registration of a petition therefor signed by at least ten per centum of the total
number of registered voters, of which every legislative district must be represented by at least
three per centum of the registered voters thereof.
Subic Bay Metropolitan Authority vs COMELEC- COMELEC cannot control or change the
substance of legislation of the people.
Santiago vs COMELEC- RA6735 is inadequate in providing for implementing rules for an
initiative to amend the Constitution
Lambino vs COMELEC- One must ensure that the signatories are properly informed of the
petition, if not, it will not be valid. The proposal must be embodied in the petition